§ 53. Evidence; Unknown Parties and Incapacitated Persons
53. Evidence; Unknown Parties and Incapacitated Persons
(a) The court in its discretion may require all or any part of the evidence admitted in a proceeding to declare heirship to be reduced to writing, and subscribed and sworn to by the witnesses, respectively, and filed in the cause, and recorded in the judge's probate docket.
(b) If it appears to the court that there are or may be living heirs whose names or whereabouts are unknown, or that any defendant is an incapacitated person, the court may, in its discretion, appoint an attorney ad litem or guardian ad litem to represent the interests of any such persons. The court may not appoint an attorney ad litem or guardian ad litem unless the court finds that the appointment is necessary to protect the interests of the living heir or incapacitated person.
(c) The court shall appoint an attorney ad litem to represent the interests of unknown heirs.